Lyons et al. v. Kenter et al.

Filing 34

ORDER ATTACHED adopting Report and Recommendations 33 of Magistrate Judge Douglas N. Frazier on Defendant's Motion to Dismiss Plaintiff's Complaint; and granting 25 Motion to Dismiss. Plaintiff's Complaint is dismissed without pr ejudice. Plaintiff shall file an amended complaint on or before 7/3/09, failing which this Court will dismiss this case with prejudice. Defendant shall file a response to Plaintiff's amended complaint within ten days of service. Signed by Judge Richard A. Lazzara on 6/19/2009. (SKH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION PEARLIE LYONS, Plaintiff, v. THOMAS J. KENDER, Vice President and Controller, NATIONAL EXPRESS GROUP, Defendant. _____________________________/ ORDER THIS CAUSE came on for consideration upon the Report and Recommendation entered by United States Magistrate Judge Douglas N. Frazier on June 4, 2009, at docket 33, on the Defendant's Motion to Dismiss Plaintiff's Complaint (Dkt. 25). The Court notes that neither party has filed written objections to the Report and Recommendation and the time for filing such objections has expired. After careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects and made a part of this order for all purposes. Case No: 2:08-cv-76-UA-DNF

ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED: 1) The Report and Recommendation of the Magistrate Judge is adopted,

confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review. 2) Plaintiff has failed to allege that she was an employee, that the Defendant

was her employer, and that she exhausted her administrative remedies. The Court, therefore, determines that the Plaintiff has failed to state a claim upon which relief may be granted. 3) Defendant's Motion to Dismiss (Dkt. 25) is granted, and Plaintiff's

complaint is dismissed without prejudice. 4) Plaintiff shall file an amended complaint on or before July 3, 2009, failing

which this Court will dismiss this case with prejudice. Defendant shall file a response to Plaintiff's amended complaint within ten (10) days of service. DONE AND ORDERED in Tampa, Florida, on June 19, 2009.

s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Magistrate Judge Douglas N. Frazier Counsel of Record Pro se Plaintiff